I find the use of this term interesting. Is “legislating authority” a canon law term, or a term you’ve adopted from American law?
No, it’s a Canon Law term. I learned it in my Canon Law class.
It describes the level at which you must address questions. For example, if a Bishop established Particular Law, if you had a question, or sought an exemption, you must contact the bishop, as he was the legislating authority.
In this case, the body issuing he directive is the CDWDS. They are the legislating authority, and questions, or a request for an exemption, are to be referred to that body.
One interesing way that Canon Law differs from almost all civil law is the executive, legislative and judical body for a level of authority is one and the same.
In civil law, the city council, or state or national legislature creates the law, the executive (mayor, governor, president\prime minister) executes the law, and the judiciiary interpretes the law.
In Canon Law, the bishop creates, executes and interpretes Particular Law.
On the “Federal” level (to use a civil term) each Dicastery has full authority in their area of competency to create, execute and interpret Universal Law. There is no “seperation of powers” in Universal Liturgical Law, the CDWDS has the full authority.
And at the top of the Church Heirarchy, is the Pope, the highest temporal Legislator, Executor and Judge.
The term used to describe that combination of function is “legislating body”.
If that was borrowed from civil law, I have no idea. I’ve never had a civil law class, only Canon Law.